Question juridique clé
Whether the federal appeal remained live after the cantonal cassation decision annulled the challenged judgment and remitted the case.
Solution extraite
The appeal had become moot and was therefore struck off the docket.
Motifs extraits
Because the Zurich Court of Cassation upheld the cantonal nullity complaint, set aside the Commercial Court judgment, and remitted the case, and that decision was not challenged before the Federal Supreme Court within the time limit, the appeal against the earlier judgment no longer had a subject matter.